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CENTRAL MUT. INS. CO. v. TRACY'S TREASURES

No. 1-12-3339.

19 N.E.3d 1100 (2014)

2014 IL App (1st) 123339

385 Ill. Dec. 904

CENTRAL MUTUAL INSURANCE COMPANY, Plaintiff-Appellee and Cross-Appellant, v. TRACY'S TREASURES, INC., and Paul Idlas, Defendants-Appellants and Cross-Appellees.

Appellate Court of Illinois, First District, Third Division.

Rehearing Denied October 28, 2014.

Modified Upon Denial of Rehearing November 5, 2014.

Attorney(s) appearing for the Case

Anderson & Wanca, of Rolling Meadows ( Brian J. Wanca , David M. Oppenheim , and Jeffrey A. Berman , of counsel), and Bock & Hatch, LLC, of Chicago ( Phillip A. Bock and Robert M. Hatch , of counsel), for appellants.

Purcell & Wardrope, of Chicago ( Michael D. Sanders , of counsel), and Rivkin, Radler, LLP, of Uniondale, New York ( William M. Savino , Stephen J. Smirti, Jr. , and M. Paul Gorfinkel , of counsel), for appellee.

OPINION

Justice MASON delivered the judgment of the court, with opinion.

¶ 1 This insurance declaratory action raises issues regarding: (1) whether coverage is available for an underlying class action alleging claims for unsolicited faxes in violation of the federal Telephone Consumer Protection Act (TCPA) (47 U.S.C. § 227(b)(1) (2006)); (2) the reasonableness of a settlement in the underlying action between the insured and the underlying plaintiffs...

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